Federal Court of Australia
eed
CATCHWORDS
ADMINISTRATIVE LAW - Administrative Appeals Tribunal ~- Appeal to
Federal Court - Social services - Reduction in rate of unemployment benefit by reference to "training allowance" paid pursuant to a Labour Force Program - Definition of "income" in
Social Security Act 1947 ~ Meaning of "allowance" ~ Whether in the provision of the definition in s.106 (see now s.6) "and includes any periodical payment or benefit by way of gift or allowance", the words "by way of gift or allowance" qualify
"periodical payment" as well as "benefit" - Whether "periodical" qualifies "benefit" as well as "payment" - Effect of the word "includes" when introducing a definition clause ~ Effect of
exemptions as an aid to the construction of a main provision - Whether to achieve a net amount of "income" to calculate a deduction from unemployment benefit it is appropriate to deduct expenditure associated with the relevant Labour Force Program undertaken.
Administrative Appeals Tribunal Act 1975, s.44 Social Security Act 1947 (Cwlth), s.106 (see now s.6), s.114
Mutual Acceptance Company Limited v. The Federal Commissioner of Taxation (1944) 69 C.L.R. 389
Canadian Pacific Tobacco Company Limited v. Stapleton (1952) 86 C.L.R. 1
Richardson v. Austin (1911) 12 C.L.R. 463
The Secretary to the Department of Social Security v. Burman (Neaves J., unreported, 18/4/86)
Robinson v. The Local Board for the District of Barton-Eccles, Winton and Monton [1883] 8 App. Cas. 798
Favelle Mort Limited v. Murray (1976) 133 C.L.R. 580
Buckle v. Josephs 1983) 47 A.L.R. 787
Reynolds v. Commissioner of Income Tax [1967] 1 A.C. 1
Corporate Affairs Commission (S.A.) v. Australian Central Credit Union (1985) 61 A.L.R. 236 Ashfield Municipal Council v. Joyce [1978] A.C. 122
Haldane~Stevenson v. Director-General of Social Security (1985) 60 A.L.R. 621
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